Legal Question in Civil Litigation in Missouri

Hi. I am a Missouri attorney that handles debtor representation in all parts of Missouri as part of my practice. I am sorry to hear that the credit card company has filed suit against you, but I would encourage you not to panic, as there are ways to resolve these lawsuits.

The most important thing to remember about these cases is that either an attorney or you personally absolutely must appear in court on the date indicated in the papers. If you or an attorney do not appear on the court date, the attorneys that are representing the credit card company will take an automatic judgment against you for the full amount they allege that you owe, plus interest, plus attorney fees. They then have numerous methods and legal procedures for executing the judgment, including garnishment of wages, freezing of bank accounts, or taking personal property and requiring a forced sale of your assets.

Most attorneys who handle debtor representation will work with the attorneys for the credit card company and negotiate some type of arrangement where you can make minimum monthly payments for amounts that fit your budget, and then the creditor will dismiss the suit against you, provided you make the payments. Often times, attorneys can significantly extend the amount of time you have before you need to start making payments, and can occasionally get the overall amount due reduced.

Also, in some of these cases, a legal document called an "Answer" must be filed with the court within a certain time period after you are served with papers. If the Answer is not properly filed, the credit card company attorneys can take a judgment against you for the full amount, for failure to file a proper Answer. An Answer is not required in all cases and whether one is required is based partially on the Division where the case has been filed at, and the overall amount of the case (amount they allege that you owe). Without knowing those details, I am not certain if an Answer is required.

However, regardless of whether or not an Answer needs to be filed, court appearances are mandatory. Most debtor attorneys handle all the court appearances, file the necessary paperwork, and then negotiate an arrangement, whereby the creditor agrees to dismiss the lawsuit.

I hope this helps at least some.

I can be reached, for convenience, by e-mail at [email protected], or also by phone. Our website address is: www.harvathmissouriillinoislawyers.com. Thanks.

NOTE: This answer is for educational purposes only and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

The above answer is good, but fails to mention a couple of important items. First, it is almost always a good idea for people in your position to hire an attorney. The attorney can most often save you more money than the attorney costs you. A good attorney will first determine whether or not the creditor, through the creditor's attorney, can prove their case. In many credit card cases they can not do so. A good attorney will also determine whether the creditor, any collector involved, or even the creditor's attorney has violated any of the many consumer protection laws applicable to your case. In some cases, the creditor winds up owing the debtor money including attorney's fees. I can understand how difficult it may be to come up with money to hire an attorney, but I would strongly advise you to do whatever you can to hire the best attorney you can afford to help you in this situation. Good luck.